A.BASHEER AHAMED Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) .This Writ Petition is filed for issuing a Writ of Mandamus, to direct the respondent to modify the upgradation of the petitioner as Head Constable with effect from 25.07.2000 instead of 25.07.2001 in the proceedings, dated 25.04.2006 and to grant consequential service benefits.

(2.) The petitioner was appointed as Grade-II Police on 19.12.1982. After successive promotion, the petitioner is now working as Head Constable. The petitioner states that he was recipient of several rewards and there was no charge or adverse remarks against him all these years, except a minor charge for a delinquency of negligence in the year 1995. It is admitted that during Escort duty on 07.04.1995, bayonet of petitioner's Rifle was found missing and the cost of bayonet was recovered from the petitioner's salary on 18.08.1999. Thereafter, disciplinary proceedings was initiated and punishment of postponement of next increment by one year without cumulative effect was imposed. Later, the minor punishment was modified as one of "black mark"?, in a revision petition filed by the petitioner before the Director General of Police, Chennai. Since the punishment of black mark or censure does not continue further (no currency), the petitioner states that he is entitled to for upgradation upon completion of required number of service without any gap.

(3.) According to the petitioner, he is entitled to upgradation with effect from 25.07.2000. However, the respondent issued the proceeding, dated 25.04.2006, in respect of batch of personnels, who had suffered minor punishment which was modified or dropped later. In the said proceedings, the name of the petitioner was found in Sl.No.13 and upgradation was given with effect from 25.07.2001, instead of 25.07.2000. It is in the above background, the petitioner has approached the respondent with the request to give upgradation with effect from 25.07.2000, that is from the date on which, the petitioner is originally entitled to.